Medical Retirement from Federal Employment: Plan of Attack

Every battle requires a “plan of attack“, and preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is no less an “adversarial” process than a lawsuit filed with the local county court. One may embellish and deny by describing the process as “nothing more” than an “administrative” procedure, where the deciding agency is merely reviewing the components for “eligibility requirements” and conformance to entitlement regulations, but one needs only to be denied […] Read More …

OPM Disability Law: Arguing by Logical Extension

Often, in legal argumentation, one must simply use the available evidence garnered, and make the best of it. In many areas of law, especially in administrative legal venues involving Federal employees and U.S. Postal workers, the law favors agencies which hide behind the shield of “efficiency of the Federal Service”, in implementing sanctions, adverse actions, restrictions of leave usage, proposing and deciding upon removals (whether based upon reasons of medical conditions or other basis), etc. […] Read More …

OPM Disability Law: The Fatigue of Profundity & Requirement of Repetition

Profundity is overvalued. With the advent of the internet and information technology, the widespread dissemination of seemingly esoteric array of knowledge and know-how (yes, there is a distinction with a difference between the two), everyone is vying for the heard voice, and the break-out from the herd. One becomes easily fatigued by seemingly deep insights, or “new” data and facts upon otherwise mundane concerns. […] Read More …

OPM Medical Retirement: The Value of Consistency

Consistency establishes validity; validation results in enhancement of credibility; and credibility prevails over minor errors and unintended oversights. In analyzing a narrative, or engaging in a comparative analysis of two or more documents, it is the factual and historical consistency which allows for a conclusion of validated credibility. […] Read More …

Federal Disability Retirement Law Blog: The Trifecta

The bet must be precise. Thus, it needs to be based upon extensive research, a knowledge of each of the elements, the circumstances surrounding the process; the quality of the expected environment; whether intersecting conditions will interrupt or influence; what other unforeseen confluence of intercessions may develop. The finishers must be predicted in sequential order. The trifecta is therefore a management of time, knowledge, expertise and sprinkled with a bit of luck extracted from the cauldron of a witch’s brew. […] Read More …

Federal Disability Retirement: Facts and Explanations

There is often a widespread misconception that “facts” need no elucidation or explanation, and somehow speak for themselves. There are, indeed, times when self-imposed limitation of apparent eloquence and bombastic, grandiloquent and pretentious verbosity is of use; for, scarcity of adjectives and brevity of prose can leave the plains and tundra of a descriptive narrative’s call for less inhabitants, and not more, to reveal the beauty of the linguistic landscape; but even in such instances, facts still require explanation. […] Read More …

FERS & CSRS Disability Retirement: Making the Legal Argument

Legal arguments are merely a subset of ordinary ones; as variations of the facetious quip goes, if the facts are not on the lawyer’s side, then he will argue the law; if the law is not, he will argue the facts; if neither, then he will attempt to confound and obfuscate both. By sequence of logical argumentation, it is self-evident that “facts” must be the first order of presentation; then, persuasive discussions concerning those facts, forming and molding a given perspective (for there is surely a distinction to be made between that which “is” and that which “is seen” by a particular individual, bringing in the subjective component of interpretation and conveyance of information); […]

 
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Federal Disability Retirement: Game Changers

Often, it is not the substantive material submitted, but the approach to an endeavor which alters the character of an encounter, and results in victory by acceptance and submission, in contradistinction to victory and defeat. Such is the essential difference between the games of chess and of Go — the latter, originating in ancient China some 2,500 years ago, and employing a strategy of subtle surroundings, rarely including a direct frontal assault. The Game of Go requires a perspective of the whole; and while (like chess) anticipation of future moves can help, it is the last move in relation to the whole of all prior moves, which will determine the future success. […] Read More …

Federal Disability Retirement: Ontological Priority

In philosophy, Ontology is a branch of metaphysics concerned with the reality of our world, of unraveling Being in its true form and nature, and the interaction of subject-to-object relationships and the order of priorities as described in the inter and intra connections between the “I” and “you” of this world. As such, it must take into account the peculiar biological make-up of human beings, their perceptual world from a subjective viewpoint, as well as the Kantian paradigm of the “noumenal” world which is “out there”. […] Read More …